University of Houston Law Center

Employment Law - Online Fall 2020 Syllabus

Prof. Kenneth R. Swift krswift@central.UH.edu

14 BLB

Introductory Note: With an online course it is very important that you read every document and e-mail closely, beginning with this syllabus, to ensure that you understand all of the course assignments, procedures, and due dates. Additionally, from time to time there may be changes, reminders, and additional content sent to organize and supplement the course. You are responsible for knowing all such information.

I. Text The course will utilize an electronic casebook consisting of cases, statutes, and articles. The casebook will be available on the course website. You may read it from the course website or download it onto your computer. If you prefer a paper copy, you are free to print it out. The text will be available on the course website approximately two weeks prior to the start of the semester. You may find supplemental reading helpful to understand the issues in the required text. There are numerous treatises and hornbooks that you may find helpful, although I will not direct you to any particular source.

II. Learning Goals and Course Overview Over the past 100 or so years there has been a rapid expansion of laws governing the employer/employee relationship. While many of these laws were initially borne out of the labor union movement, today there are numerous employment laws that apply to all employers and employees. Most practicing attorneys, regardless of their specialty, are regularly faced with issues arising under the expansive umbrella of “Employment Law.” This is a survey course. Employment Law covers a wide variety of issues, laws, and claims. Included within this course is a look at the employer-employee relationship, including the at will relationship and hiring, firing, and post-employment restrictions. You will also be introduced to the Family and Medical Leave Act, unemployment insurance, the Fair Labor Standards Act (overtime and minimum wage), the Occupational Safety and Health Act, and workers’ compensation.

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Many Employment Law subject areas, such as workers’ compensation, are so complex that attorneys who practice in the particular subject area handle only those types of cases. The goal of this course is to expose you to the wide variety of laws and issues that apply to the employer/employee relationship. From there, you will have the ability to spot these issues as a practicing attorney and, perhaps, discover a discipline in which you would like to specialize. Two subject matter areas which will not be covered in this course are Labor Law and Employment Discrimination. The Law Center offers separate courses in both of these subjects. III. Course Technology This course is taught fully online. With the exception of readings from the assigned text, all aspects of this course including additional readings, assignments, and multimedia material such as videos and MP3 files, will be available online.

A. Course Website The course website is hosted by the University’s Blackboard course management system. To access the course website:

1. Log into access UH: https://accessuh.uh.edu 2. Under University Services, click on Blackboard Learn 9 3. Click on WRC Small-Midsize Firm Atty 4. The website will be available approximately 1 to 2 weeks prior to the

official start of the course. You will be automatically enrolled in the course.

Blackboard support is available 8-8 (M-F): 1. Phone: 713-743-1411 2. Live chat: http://www.uh.edu/infotech/livechat 3. Email: support@uh.eduu 4. In person: 58 MD Anderson Library

NOTE: There is an introductory video assigned for the first unit. Some information in the video may be duplicative of the information below, but some will not be. You are responsible for information both in this document and in the introductory video. B. Course E-Mail

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I will regularly send e-mails. You must check the e-mail address that is associated with the Blackboard site to ensure that you know which email will be used for this course. I am not able to change the e-mail associated with your account and I believe the university Blackboard site will only allow the use of the registered UH.edu email.

V. Course Structure, Assignments, and Due Dates The course is divided into several units, each lasting approximately two weeks. For each unit you will be given a checklist of all of the items which you must complete prior to the due date, and the suggested order in which they should be completed. Within each unit, there will be several subunits. Each subunit will generally include the following: A. Presentations: These are videos or MP3 files which provide an introduction to,

and overview of, the materials you will be studying in the unit. These are accessed through the course website.

B. Readings: These are the cases, statutes, and articles assigned for the subunit. C. Assessments: Your comprehension of the reading materials is assessed using

several different types of inquiries:

1. Questions: There will be numerous sets of questions designed to help highlight the key rules and reasoning which you should take from the cases and other readings. These will be multiple-choice, multiple answer, true false, and fill in the blank type questions. These questions are accessed through the course website and labeled "Questions." (Example: the first set of questions you will be required to complete is titled Introduction to Employment at Will-Questions) Note: After you submit your responses to a section of questions, you are immediately informed which questions you answered correctly and which you entered incorrectly. To receive credit for completing a set of questions, you must receive a score of no more than one incorrect answer. You will have as many opportunities to complete the questions as necessary to achieve this score. 2. Essay: For many subunits you will also have one or more short answer questions designed (designated as “Essay” questions on the course website, which is the label used by the website software) to ensure that you understand the rules and reasoning from the cases. These questions are also accessed through the course website, but are not automatically graded. Most

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essay questions also include feedback available immediately after submitting an answer.

3. Exam-Style Writing Assignments: There will be several exam-style essay questions throughout the course.

4. Group Discussion Boards: Throughout the course you will be asked to participate in small group discussions on course topics.

VI. Grading The grade in this course will be based on the following point total: Final Exam 80 points Participation and Effort 10 points

A. Final Exam The final will be a closed book exam based upon the assigned readings, including the notes and essays in the course text. The final will consist of multiple choice / true false questions and, possibly, one or more essay questions. B. Participation and Effort The points for participation and effort will be based upon:

1. Timely completion of all assignments (see “Due Dates”- section VIII below)

2. Thoroughness of responses to essay questions and writing assignments

3. Participation in small group discussion boards; NOTE: The participation points are not based upon a curve and it is my hope that every class participant will receive all of the allotted points. I reserve the right to raise a grade by one grade increment (ex: B to B+) for significant and consistent work that exceeds the normal expectation of the class, as determined in my sole discretion. This would entail outstanding work on the exam style essays, essay questions, and group activities. In particular, weight will be given to thorough and thoughtful responses to the writing assignments/ exam style questions. I also reserve the right to lower a grade by one grade increment (ex: B to B-) for significant and consistent work that does not meet the normal expectation of the class. This reduction may be in addition to loss of participation and effort points, discussed above.

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C. Writing Assignments/Exam Style Essay Questions These questions are graded on a "reasonable effort" standard meaning that I will review the answers to see that you have read the assigned material, considered carefully the purpose of the assignment, and have given a thorough and thoughtful response. The answers will not be graded, however, on whether they are "correct,” as they are part of the learning experience in the course.

VII. Due Dates The due date for assignments is the last day of the unit, as listed below in Section VIII. The due time is 11 p.m. on the due date. All components of the unit are due on the due date, including the readings, questions, essay questions, exam style questions, and group discussion board responses.

VIII. Office Hours An online course can present some difficulties in instructor-student interaction, if only due to the lack of a planned meeting time that a physical classroom provides. However, know that I am always available to answer questions and discuss class topics via e-mail. I check e-mail very frequently and normally respond within 24 hours (sometimes 48 hours on weekends). If you send an e-mail and you do not get a response within that timeframe, please feel free to contact me again. Please also feel free to stop by anytime I am in my office or to set up an appointment. IX. Services

Counseling Services

Counseling and Psychological Services (CAPS) can help students who are having difficulties managing stress, adjusting to the demands of a professional program, or feeling sad and hopeless. You can reach CAPS (www.uh.edu/caps) by calling 713-743-5454 during and after business hours for routine appointments or if you or someone you know is in crisis. No appointment is necessary for the “Let's Talk” program, a drop-in consultation service at convenient locations and hours around campus. http://www.uh.edu/caps/outreach/lets_talk.html

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UH Sexual Misconduct Policy

The University is committed to maintaining and strengthening an educational, working and living environment where students, faculty, staff, and visitors are free from discrimination and sexual misconduct. If you have experienced an incident of discrimination or sexual misconduct, there is a confidential reporting process available to you. For more information, please refer to the University system’s Anti-Discrimination Policy SAM 01.D.07 and Sexual Misconduct Policy SAM 01.D.08, available here: http://www.uhsystem.edu/compliance-ethics/uhs-policies/sams/01-general-information/index.php http://www.uhsystem.edu/compliance-ethics/_docs/sam/01/1d7.pdf (antidiscrimination) http://www.uhsystem.edu/compliance-ethics/_docs/sam/01/1d8.pdf (sexual misconduct) Please be aware that under the sexual misconduct policy, SAM 01.D.08, faculty are required to report to the University any information received regarding sexual misconduct as defined in the policy. Please note that the reporting obligations under the sexual misconduct policy reach to employees and students. Also, as a required reporting party, Law Center employees and faculty members are not a confidential resource.

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X. Reading Assignments and Due Dates

Unit Date Reading Chapters and Unit Topics

1(A) 8/24-9/1 The Employer- Employee Relationship:

Introduction To Employment at Will 1(B) 9/1-9/8 Interviewing and References

2

9/8-9/22 The Employer- Employee Relationship: Creating and Enforcing a Contract Limitations on Dismissal

3

9/22-10/6 The Employer- Employee Relationship: Post Employment Restrictions on Employees

4 10/6-10/20 Unemployment Insurance Family and Medical Leave Act

5 10/20-11/3 Fair Labor Standards Act (FLSA) 6 11/3-11/17 Workers’ Compensation 7 11/17-12/1 Occupational Safety and Health Act (OSHA)

Notes:

1. The final date listed for the unit is the due date for all assignments. 2. All assignments due by 11 p.m. on the due date. 3. You must utilize the checklist, provided with each unit, to ensure that you

complete all units.

Unit 1(A) Checklist

Due Date: All items below must be completed by 11 p.m. on Tuesday, September 1. I. Introductory Materials:

A. Watch: Introduction 1 video B. Watch: Introduction 2 video C. Read: FAQs (a button on the course website)

II. Sub-unit: The Employer-Employee Relationship/ Introduction to Employment At Will and Its Exceptions Read:

A. Payne v. The Western & Atlantic Railroad Co. B. Excerpt from The Public Policy Exception to Employment At-Will: Time to

Retire a Noble Warrior? C. Wagenseller v. Memorial Hospital

Complete: Introduction to Employment At Will – Questions Participate: Small Group Discussion Board: Moon People Hypothetical

Note: You will be assigned to a small group on Friday (8/28). This discussion board will stay open through the end of Unit 1(B).

**Unit 1(B): Unit 1(B) is not due until Tuesday, September 8. The unit is posted in a different folder and available at the official semester start date. While Unit 1 is broken up into two one-week units, future units will be two weeks in length.

Unit 1(B) Checklist Due Date: All items below must be completed by 11 p.m. on Tuesday, September 8. Note: The small group discussion board, opened during Unit 1(A) is ongoing and open through the end of this unit and you should continue to participate in the discussion. (The items below are a continuation of the materials begun in 1(A)) III. Sub-unit: The Employer-Employee Relationship/ Entering Into the Employment Relationship and Employee References

Watch: Interviewing and References video i. Interviewing Read:

A. Griffin v. Steeltek B. Kraft v. Police Commissioner of Boston C. Lysak v. Seiler Corp.

Complete:

A. Interviewing – Questions B. Interviewing – Essay C. Note: The Exam-Style Essay question for this unit pertains to the above

cases. You may wish to work on your response at this point. See note below.

ii. Checking and Providing Employee References

Read: A. Malorney v. B & L Motor Freight B. Chambers v. American Trans Air, Inc. C. Richland Sch. Dist. v. Mabton Sch. Dist.

Complete:

A. Checking and Providing Employee References - Questions B. Checking and Providing Employee References – Essay

IV. Complete: Exam-Style Essay Question. The question text and upload link are in the same folder as the preceding items. To complete and submit the assignment, access the subfolder and:

A. Download the Word document and read the assignment. B. Write your answer. You may do so using either the assignment

document or by creating a new document. C. Save your document to your computer; name the document using your

last name. D. Open the assessment below and upload your answer.

Unit 2 Checklist

Due Date: All items below must be completed by 11 p.m. on Tuesday, September 22.

1. The Employer-Employee Relationship/ Creating and Enforcing a Contract

i. Spotlight Unit: Creating a Contract Through an Employee Handbook

In this unit we delve deeper into one topic to explore the fact-intensive nature of many

employment law cases. In this case, we explore how slightly different wording in

employee handbooks can create, or not create, contractual rights for the employees. We

will look at several cases from one jurisdiction, as well as additional case law and

notes. It is important to understand that the application of the law in most of the topics

in the course is equally fact intensive.

Watch: Employee Handbooks video

Read:

A. Pine River State Bank v. Mettille

B. Hunt v. IBM Mid America Federal Credit Union

C. Videtech v. Transport Workers Union of America (in a separate file)

D. Brookshaw v. South St. Paul Feed, Inc.

E. Feges v. Perkins Rest.

F. Essay: Changing Terms in Employee Handbook Contracts

Complete:

A. Employee Handbooks – Questions

Note: The questions on Videtich are in a separate question set.

B. Employee Handbooks – Essay (2 Questions)

ii. Promissory Estoppel and Contract Interpretation

Listen: Promissory Estoppel and Contract Interpretation audio file

Read:

A. May v. Harris Management Corp.

B. Krizan v. Storz Broadcasting

C. Thompson v. Associated Potato Growers, Inc.

Complete:

A. Promissory Estoppel and Contract Interpretation – Questions

B. Promissory Estoppel and Contract Interpretation – Essay (3 Questions)

Note: The third essay question is lengthier and provided in lieu of a Unit 2 exam

style question.

2. Subunit: The Employer-Employee Relationship/Limitations on Dismissal of At Will

Employees

iii. Public Policy Exception

Watch and Complete: The Public Policy Exception video

Read:

A. Excerpt from The Public Policy Exception to Employment At-Will: Time to Retire

a Noble Warrior?

B. Frampton v. Central Indiana Gas Company

C. Gardner v. Loomis Armored Car

D. Imes v. City of Asheville

Complete:

A. Public Policy Exception - Questions

B. Public Policy Exception – Essay (1)

Unit 3 Checklist

Due Date: All items below must be completed by 11 p.m. on Tuesday, October 6 (exception

noted below as to the final subunit). The Unit 3 small group discussion will be posted on the

first Friday.

Subunit: The Employer-Employee Relationship/Limitations on Dismissal of At Will

Employees (cont. from Unit 2)

ii. Other Limitations on Dismissal

Listen: Other Limitations on Dismissal of Employees audio file

Read:

A. Foster v. Time Warner Entertainment , LP

B. Wiltshire v. Citibank

C. Excerpt from Social Media Risks and Rewards

NOTE: The above article and Ehling, below, are in a separate file in the

course book tab of the website.

D. Ehling v. Monmouth-Ocean Hospital

E. Montana Wrongful Discharge From Employment Act

Complete:

A. Other Limitations on Dismissal of Employees – Questions

B. Other Limitations on Dismissal of Employees – Essay (1 question)

Participate:

A. Small group discussion.

The small group discussion pertains to course materials up to this point. The

small groups will be posted on the first Friday of the unit.

The Employer-Employee Relationship/Post Employment Restrictions on Employee

i. Spotlight Unit: Noncompete Agreements

Watch: Introduction and Consideration video

Read:

A. Davies v. Davies Agency, Inc.

B. Freemen v. Duluth Hospitals

Complete:

A. Introduction and Consideration - Questions

B. Introduction and Consideration - Essay (1)

Watch and Complete: Reasonableness video

Read:

A. Standard Register Co. v. Cleaver

B. Vantage Technology, LLC v. Cross

Complete:

A. Reasonableness – Questions

B. Reasonableness – Essay (1)

Watch and Complete: Remedy video

Read:

A. Wisconsin Statute 103.465 Wisconsin Statute 103.465 and Tex. Bus. & Com.

Code Ann. § 15.51

B. Valley Medical Specialists v. Farber

C. Durapin, Inc. v. American Products, Inc.

D. Medtronic, Inc. v. Advance Bionics Corp.

Complete:

A. Remedy – Questions

B. Remedy – Essay (1)

**The unit below is the final unit of Chapter 1, the Employer-Employee

relationship. In order to even out the overall workload, this unit is not due until Unit

4, but is available now, for those who wish to finish up Chapter 1. **

ii. Employee Loyalty and Trade Secrets

Listen: Employee Loyalty and Trade Secrets audio file

Read:

A. Quality Systems

B. Union Pacific Railroad v. Mower

C. Dicks v. Jensen

Complete:

A. Employee Loyalty and Trade Secrets - Questions

B. Employee Loyalty and Trade Secrets – Essay (2)

Unit 4 Checklist

Due Date: All items must be completed by 11 p.m. on Tuesday, October 20.

Completion of Chapter 1 – Employer/Employee Relationship

*This unit was available and included in Unit 3. You will need to access the materials in the

Unit 3 folder.

ii. Employee Loyalty and Trade Secrets

Listen: Employee Loyalty and Trade Secrets audio file

Read:

A. Quality Systems

B. Union Pacific Railroad v. Mower

C. Dicks v. Jensen

Complete:

A. Employee Loyalty and Trade Secrets - Questions

B. Employee Loyalty and Trade Secrets – Essay (2)

Unit 4 Important Notes:

1. The exercises for this unit are Computer-Aided Legal Instruction (CALI) exercises. If

you have not previously registered for CALI you must do so. Instructions are at the

bottom.

2. You must access all of the exercises through our course website, rather than going to

CALI first.

3. Please read the FAQs for CALI Exercises in the FAQs section. A link is provided

within the FMLA folder.

UNIT 4

* Course Overview Video

This short (two minute) video provides a transition from our first three units into the remainder

of the course and also provides a general look at the exam.

1. Watch video: Introduction to the Family and Medical Leave Act.

2. Family and Medical Leave Act

A. Read:

Nevada Department of Human Resources v. Hibbs

Complete the CALI exercise Family and Medical Leave Act -1

B. Read:

Ragsdale v. Wolverine World Wide, Inc.

Strickland v. Water Works and Sewer Board of the City of Birmingham

Sommer v. The Vanguard Group

Complete the CALI exercise Family and Medical Leave Act -2

3. Unemployment Insurance (separate folder)

A. Introduction

Read: Selected Texas Unemployment Compensation Codes

Watch: Introduction to Unemployment Insurance Benefits

B. Eligibility When the Employee is Terminated

Read:

Fondel v. Unemployment Compensation Board

London v. Unemployment Compensation Board of Review

Merlino v. Unemployment Compensation Board of Review

Haup v. Texas Workforce Commision

Complete the CALI exercise:/Unemployment Insurance – Terminated

C. Eligibility When the Employee Quits

Read:

Holbrook v. Minnesota Museum of Art

Murphy v. Employment Security Department

McRory v. Henderson

Complete the CALI exercise: Unemployment Insurance – Quit

4. Complete: Unit 4 Writing Assignment

Note: The Unit 4 writing assignment pertains to Unemployment Insurance Benefits and should

be completed after working through the entire UI unit. The Unit 4 writing assignment is located

in the Unemployment Insurance folder.

Registering for CALI

(Note: If you have previously registered for CALI you do not need to register again)

1. Go to www.cali.org. In the right hand corner of the page click on the link “Register.”

2. Fill out the registration form:

a. Enter the CALI authorization code for the Law Center: HOUSTUstu90

b. Fill out the rest of the required information

3. Accept the Terms of Service.

Unit 5 Checklist

Due Date: All items must be completed by 11 p.m. on Tuesday, November 3.

Notes: (1) There are four parts to the Fair Labor Standard Act unit. Parts two and three are CALI exercises; one and four are completed through the course website. (2) The Unit 5 group discussion assignments will be posted on the first Friday.

Course Administration Item Respondus Lockdown Monitor - Download and Practice Quiz

Respondus Lockdown Monitor is the testing software we will use with the quiz. The software works in conjunction with the course website. a. Review the information sheets provided by the software developer and UH IT

(posted on the course website).

b. Download the Respondus Lockdown Monitor software onto the computer that

you plan to use for the quiz (link also provided on the course website):

https://download.respondus.com/lockdown/download.php?id=185514015

NOTES:

• You must use the above link (or the one posted on the website) to

download the software because the download is specific to the University

of Houston.

• This link will bring you to the Windows download. On that same page

there is a link to the Mac download. Each download page has a link to the

system requirements.

• The software will not work on a Chromebook.

c. Take the Respondus Practice Quiz.

To take this quiz you will need to first launch the Respondus software. This will lockdown your computer except you will be able to log into Blackboard. You will need to know your login information. This is a one question quiz that will take you less than a minute to complete. The purpose of this quiz is to make sure that your system is compatible and to give you practice in the process of being identified for the quiz. During this process the software takes a photo of you and your student ID.

Fair Labor Standards Act 1. Introduction and Covered Enterprise

Watch: Introduction to the Fair Labor Standards Act and Covered Enterprises video Read: Usery v. Mohs Realty Donovan v. Weber Complete:

A. FLSA Questions One B. FLSA Questions One – Essay (1)

2. Defining Covered Employee Note: There is not a video or audio presentation for this section. Instead, introductory material is presented within the CALI exercise.

Read: McCune v. Oregon Sr. Services Division Baker v. Flint Engineering McLaughlin v. Ensley Reich v. Shiloh True Life Church Complete: FLSA 2 - CALI Exercise

3. The Bona Fide Executive, Administrative, or Professional Exemption

Watch: The Bona Fide Executive, Administrative, or Professional Exemption Video This video was taken in part from a Department of Labor video from a few years ago. Read: Copas v. East Bay Municipal Utility District Dalheim v. KDFW-TV Auer v. Robbins Complete: The Bona Fide Executive, Administrative, or Professional Exemption – CALI Exercise

4. Covered Activity

Listen: Covered Activity audio file Read: IBP, Inc. v. Alvarez Barrentine v. Arkansas Best Freight System, Inc. Davis v. Food Lion, Inc. Owens v. Local No. 169, Assoc. of Western Pulp and Paper Workers NOTE: The Pabst case, included in the course book is not assigned and is only additional information.

Complete: A. FLSA Four - Questions B. FLSA Four – Essay (1)

5. Participate: Unit 5 Small Group Discussion The unit five discussion groups will be posted on the first Friday. 6. Watch: Exam Review There is a two-part course review for the exam. Prior to the exam, everyone should watch the first three minutes of the first video, as it goes over exam format. Otherwise, watching the review video is optional. The folder will be posted in Unit seven, as well

Unit 6 Checklist

Due Date: All items must be completed by 11 p.m. on Tuesday, November 17.

Notes: The Unit 6 Exam Style Writing Assignment is presented in two parts, after

sections 2 and 3, and is in lieu of essay questions on those two sections.

Occupational Safety and Health Act (OSHA)

1. Duties and Standards

Watch and Complete Video: Introduction to OSHA and Duties and Standards Read: Pratt & Whitney Aircraft v Secretary of Labor Caterpillar Inc. v. Occupational Safety and Health Review Commission Complete:

A. Questions: Introduction and Standards B. Essay Question: Introduction and Standard (1)

2. Employer Defenses

Watch Video: Employer Defenses Read: P. Gioioso & Sons v. Occupational Safety and Health Review Commission New York State Electric and Gas Corp. v. Secretary of Labor Atlantic & Gulf Stevedores, Inc. v. Occupational Safety and Health Review Commission Complete:

A. Employer Defenses - Questions B. Writing Assignment – Part 1

3. Employee Rights and Participation in Enforcement

Watch video: Employee Rights and Participation in Enforcement Read: Oil, Chemical and Atomic Workers v. O.S.H.R.C. Donovan v. R.D. Anderson Construction Co., Inc. Whirlpool Corp. v. Marshall Complete:

A. Enforcement - Questions B. Writing Assignment – Part 2

Optional: OSHA and Covid-19 There is a folder with links to federal OSHA materials as they pertain to Covid-19. These materials are optional and will not be included on the exam.

Unit 7 Checklist

Due Date: All items must be completed by 11 p.m. on Tuesday, December 1. The discussion

groups will be posted on the first Friday.

1. Workers' Compensation One-- The Exclusivity Doctrine and its Limits

Watch Video: Introduction to Workers' Compensation and the Exclusivity Doctrine

Read:

Rivera v. Safford

Sullivan v. Lake Compounce Theme Park, Inc.

Salazar v. Torres

Complete: Workers' Compensation One - Questions

Note: The Unit 7 discussion group question can be addressed at any point after

completing this sub-unit.

2. Workers Compensation Two - Injuries Occurring Away from the Workplace

Watch Video: Workers’ Compensation Coverage: Off Worksite and At the Worksite

Note: This video provides the introductory materials for both sub-units two and

three

Read:

Santa Rosa Junior College v. Workers Compensation Appeals Board

Snowbarger v. Tri-County Electric Cooperative

Barnes v. Children’s Hospital

Anderson v. Employers Liability Insurance Corp.

Complete:

A. Workers Compensation Two - Questions

B. Workers Compensation Two - Essay (1)

3. Workers' Compensation Three - Injuries Occurring at the Worksite

Read:

Brown v. Union Oil Co. of California

Nippert v. Shinn Construction Co.

Clodgo v. Rentavision

Martin v. Ketchum

Complete:

A. Workers' Compensation Three - Questions

B. Workers' Compensation Three –Essay (2)

4. Participate: Unit 7 Discussion Group. Groups posted on the first Friday.